SHYAM NARAYAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This application under Section 482, Cr. P. C. has been moved for quashing the entire criminal proceedings of complaint case no. 293/08, Smt. Manju Singh Vs. Shyam Narayan Singh and another, under Sections 302, 406, 419, 420, IPC. It appears that in support of the complaint the statement of the complainant and of four other witnesses were recorded. The trial court without assessing the evidence finished the matter just by saying that a prima facie offence is made out under Sections 302, 406, 419, 420, IPC. Heard Mr. Kameshwar Singh, learned counsel for the applicants, Mr. Ghanshyam Singh for O. P. No. 2, learned AGA and perused the record. It has been argued by Mr. Kameshwar Singh that the order passed by the CJM, Ballia is an unreasoned order and has been passed without applying the mind, therefore, this order should be quashed. Considering the tenor of the order, I have no hesitation in holding that this order is an unreasoned order. What prompted the Magistrate to hold that a prima facie case under Sections 302, 406, 419, 420, IPC is not clear from the order. Therefore, In view of the above, I allow this petition and set aside the order dated 18. 8. 08. The matter is sent back to the CJM, Ballia for passing a reasoned order on the basis of the evidence on the record. .